Question 1

Most employers are not subject to affirmative action requirements.

Accepted Answer

Only companies contracting with the government and state and local governments are required to abide by affirmative action requirements.

Question 2

Disparate impact is analyzed using the ________ standard.

Accepted Answer

Griggs

Question 3

A disability, as defined in the Americans with Disabilities Act, is an impairment that significantly limits a person's ability to participate in a ________ activity.

Accepted Answer

major life

Question 4

The mandate given to the Equal Employment Opportunity Commission is that the commission is required to pursue any discrimination-based claims made by aggrieved employees.

Accepted Answer

The EEOC cannot litigate every claim made; it selects those of major legal significance or those in which the employer's conduct is egregious.

Question 5

Betty Sue suspects that she was turned down for a job as a server at Hooters because she is 40 pounds overweight. She may contact the EEOC, which will investigate her case based on a Title VII violation.

Accepted Answer

Weight is not a protected class under Title VII, so no remedies are available under the statute.

Question 6

After the plaintiff has proved his or her prima facie case of disparate treatment, if the employer provides a false reason for its discriminatory actions, this is called a _______.

Accepted Answer

The answer of After the plaintiff has proved his or...

Question 7

Mike is Kathy's employer. Mike tells her that she will not get a raise or promotion unless she has sex with him. Mike has committed ________ sexual harassment.

Accepted Answer

The answer of Mike is Kathy's employer. Mike tells her...

Question 8

In Aquino v. Honda of America Inc., even though the charges against Aquino for alleged vandalism were dropped, Honda's reasonable belief, after its own investigation, met the burden of proving that Honda had a legitimate, nondiscriminatory reason for his firing.

Accepted Answer

Honda's accusations were not baseless, nor did they amount to pretext, so Honda was not discriminatory in his firing.

Question 9

Disciplinary actions rarely give rise to employment discrimination claims.

Accepted Answer

Disciplinary actions frequently give rise to employment discrimination claims.

Question 10

A standard that is applied to all employees or candidates for employment equally but nevertheless is shown to be discriminatory is called a ________ standard.

Accepted Answer

The answer of A standard that is applied to all...

Question 11

Stephen is 40 years old and has applied for a job at a large computer game development company. He is told that he is "over the hill" and not eligible for employment at that company. Stephen does not have a valid age discrimination suit under the Age Discrimination in Employment Act because the act applies only to those already employed, not to applicants in the hiring process.

Accepted Answer

The ADEA applies to current employees who are discriminated against on the job as well as situations involving discrimination in hiring.

Question 12

An employee has filed a claim of discrimination with the EEOC. If the EEOC investigates and determines that it will not follow through with a lawsuit representing the employee, the employee has no recourse and cannot file a private lawsuit.

Accepted Answer

After an EEOC investigation and choice not to file a suit, the employee may demand a right-to-sue letter and file his or her own lawsuit.

Question 13

Race discrimination directed at white employees violates Title VII if the employer's acts were motivated by race.

Accepted Answer

One need not be a minority but must only be associated with a protected class to fall under Title VII protections.

Question 14

Race, religion, color, gender, and national origin are examples of _______.

Accepted Answer

The answer of Race, religion, color, gender, and national origin...

Question 15

In Oncale v. Sundowner Offshore Services Inc., the court determined that same-sex harassment is a legitimate issue covered and actionable under Title VII.

Accepted Answer

The Oncale decision by the court established same-sex harassment as an issue covered under Title VII bans on discrimination based on sex.

Question 16

The Americans with Disabilities Act does not require an employer to provide accommodations that constitute a(an) ________ on the employer.

Accepted Answer

The answer of The Americans with Disabilities Act does not...

Question 17

Once an employee has established that she or he has a covered disability, the Americans with Disabilities Act requires that the employer make reasonable accommodations allowing the employee to perform the essential functions of the job.

Accepted Answer

The ADA requires that reasonable accommodations be provided to legitimately disabled employees.

Question 18

Following an investigation by the EEOC, should discrimination be found, the next step for the agency is to begin _______.

Accepted Answer

The answer of Following an investigation by the EEOC, should...

Question 19

Mixed motives discrimination is analyzed using the ________ standard.

Accepted Answer

The answer of Mixed motives discrimination is analyzed using the...

Question 20

Disparate treatment is analyzed using the ________ standard.

Accepted Answer

The answer of Disparate treatment is analyzed using the ________...

Quiz 13: Employment Discrimination